WHITNEY v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION et al and 12 other new FOIA lawsuits, plus case descriptions

We have added 89 documents from 12 FOIA cases filed between June 25, 2023 and July 1, 2023. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

1. WHITNEY v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION et al (filed Jun 29, 2023)
   Joel Whitney, a journalist and author, submitted a FOIA request to the National Archives and Records Administration for records concerning Italian publisher Giangiacomo Feltrinelli for records maintained under file number 105-HQ-75699. The agency acknowledged receipt of the request and indicated the file contained about 200 pages which would take 39 months to process because of their backlog. Whitney also submitted a FOIA to the CIA for records concerning Feltrinelli. The agency acknowledged receipt of the request. After hearing nothing further from either agency, Whitney filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Jun 26, 2023)
   Judicial Watch submitted a FOIA request to the Department of Justice for records concerning an unclassified FBI FD-1023 described in a May 3, 2023 letter from Sen. Grassley and Rep. Comer to Attorney General Merrick Garland and FBI Director Christopher Wray and communications related to it. Judicial Watch also requested expedited processing. The agency acknowledged receipt of the request and granted Judicial Watch’s request for expedited processing. The agency told Judicial Watch that unusual circumstances applied to its request. After hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
3. HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE (filed Jun 26, 2023)
   Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning communications with David Weiss, the U.S. Attorney for the District of Delaware regarding the Special Counsel status for the investigation involving Hunter Biden. The Heritage Foundation also requested expedited processing and a fee waiver. The agency granted the Heritage Foundation’s request for expedited processing. After hearing nothing further from the agency, the Heritage Foundation filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
4. JUDICIAL WATCH, INC. v. UNITED STATES DEPARTMENT OF JUSTICE (filed Jun 26, 2023)
   Judicial Watch submitted a FOIA request to the FBI for records concerning communications concerning school board threats from a list of specific employees. The agency acknowledged receipt of the request and invoked a 10-day extension. After hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Search – Consultation, Litigation – Vaughn index, Litigation – Attorney’s fees
5. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF INTERIOR (filed Jun 26, 2023)
   Judicial Watch submitted a FOIA request to the Department of Interior for records concerning a copy of the National Park Service’s 50-year lease with the National Links Trust to operate East Potomac, Langsdon, and Rock Creek golf courses in Washington, D.C. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. JUDICIAL WATCH, INC. v. SECURITIES AND EXCHANGE COMMISSION (filed Jun 26, 2023)
   Judicial Watch submitted a FOIA request to the SEC for records concerning communications between the SEC and the FBI and the IRS related to Don Haidl, Entrade, Inc. and/or Michael S. Carona, former Sheriff of Orange County, California. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. TOBIAS v. NATIONAL INSTITUTES OF HEALTH et al (filed Jun 27, 2023)
   Journalist Jimmy Tobias submitted four FOIA requests to the National Institute of Health for records concerning emails and calendars for several NIH officials, including Anthony Fauci. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Tobias filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE (filed Jun 29, 2023)
   Judicial Watch submitted a FOIA request to the FBI for records concerning communications of the Boston Field Office and the Washington, DC Field Office requesting preliminary investigations of 140 individuals who took a bus from Natick, Massachusetts to Washington, D/C. to attend the January 6, 2021 former President Trump speech and rally. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
9. EVANS v. CENTRAL INTELLIGENCE AGENCY (filed Jun 29, 2023)
   Billy Wayne Evans submitted a FOIA request to the CIA for records concerning himself. The agency acknowledged receipt of the request. The agency denied the request. Evans filed an administrative appeal of the denial. After hearing nothing further from the agency, Evans filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. Kathryn O. Greenberg Immigration Justice Clinic At Benjamin N. Cardozo School Of Law v. U.S. Department of Homeland Security et al (filed Jun 29, 2023)
    The Kathryn O. Greenberg Immigration Clinic submitted a FOIA request to the Department of Homeland Security for records concerning the current procedures that the detention facilities listed in its request have established for ensuring that LEP individuals can use the law library and any amendments of modifications made by the agency to those procedures. The law clinic also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the law clinic filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. ANAND v. THE UNITED STATES et al (filed Jun 29, 2023)
    Neil Anand submitted a FOIA request to the Department of Justice for records concerning the Pill Mill Risk Analysis and other data. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Anand filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
12. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Jun 26, 2023)
    Judicial Watch submitted a FOIA request to the Department of Homeland Security for records concerning communications of the National Biosurveillance Integration Center to three named employees. Judicial Watch also requested a fee waiver. The agency conditionally granted Judicial Watch’s request for a fee waiver. After hearing nothing further from the agency, Judicial Watch filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees

In addition, we have added 1 document from 1 case, with an earlier filing date, that has recently appeared on PACER.

• YEFSKY v. UNITED STATES NAVY (filed Jun 22, 2023)